Murrie Beevors v 22 Grams Espresso

[2020] FWC 1951

[2020] FWC 1951

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Murrie Beevors
v
22 Grams Espresso
(U2020/2431)

COMMISSIONER BISSETT MELBOURNE, 15 APRIL 2020

Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative.

[1] On 2 March 2020, Mr Murrie Beevors made an application to the Fair Work Commission for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (FW Act).

[2] The application made by Mr Beevors was incomplete in that it did not include payment of the required fee or a completed fee waiver form in accordance with s.395 of the FW Act.

[3] On 3 March 2020 the Commission attempted to contact Mr Beevors on his nominated telephone number to discuss payment. Mr Beevors did not answer the call and there was no capacity to leave a voicemail message.

[4] Later that day the Commission emailed correspondence to Mr Beevors’ nominated email address advising that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application. The correspondence also warned that if Mr Beevors did not pay the application fee or make an application to have the fee waived within 14 days his application may be dismissed. Mr Beevors did not respond.

[5] On 17 March 2020 the Commission telephoned Mr Beevors to discuss payment. Mr Beevors answered the call and advised he was not immediately able to pay the filing fee as he was driving and did not have his credit card on him. Mr Beevors advised he would contact the Commission later that day or the following morning to make payment.

[6] As payment had not been made, on 27 March 2020 the Commission attempted to contact Mr Beevors on his nominated telephone number. Mr Beevors did not answer the call and a voicemail message was left requesting he urgently contact the Commission. Mr Beevors did not return the Commission’s call.

[7] To date payment of the required fee has not been made and no fee waiver form has been received.

[8] Section 395 of the FW Act, which deals with application fees, provides that:

395 Application fees

(1) An application to the FWC under this Division must be accompanied by any fee prescribed by the regulations.

(2) The regulations may prescribe:

(a) a fee for making an application to the FWC under this Division; and

(b) a method for indexing the fee; and

(c) the circumstances in which all or part of the fee may be waived or refunded.

[9] Section 587(1) of the FW Act provides that:

587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

[10] Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the FW Act, the application was not made in accordance with the FW Act. As such, the application is dismissed pursuant to s.587(1)(a) of the FW Act. An Order 1 to this effect will be issued shortly.

COMMISSIONER

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